Pay Rules 2017 in respect of Non-Combatant (Enrolled) NCs(E) of Air Force

Pay Rules 2017 in respect of Non-Combatant (Enrolled) NCs(E) of Air Force

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART-II, SECTION 4]

MINISTRY OF DEFENCE
(Department Of Defence)
NOTIFICATION

New Delhi, the 30th June 2017

S.R.O 16 (E) In exercise of the powers conferred by the proviso to article 309 of the constitution, the president hereby makes the following rules, namely:-

1. Short title and commencement: (1) These rules may be called the Non-Combatants (Enrolled) of Air Force Rules, 2017.

(2) They shall be deemed to have come into force on the 1st day of January, 2016.

2. Application: (1) Save as otherwise provided by or under this rule, these rules shall apply to Non-combatants (Enrolled), who were on the effective strength of the Air Force on or after 1st day of January 2016.

3. Definitions: In these rules, unless the context otherwise requires:-

(a) “Existing basic pay” means pay drawn in the prescribed existing pay band grade pay but it does not include any other types of pay like Special Pay, Military Service Pay etc.

(b) “Existing Pay Band and Grade Pay” in relation to Non-Combatants (Enrolled) means the pay band and the grade pay applicable to the rank held by him (including under Modified Assured Career Progression) as on the date immediately before the notification of these rules, in a substantive capacity:

Please see the explanation under rule 3(b) of Air Force Pay Rules, 2017 in respect of Warrant Officer of Sergeant or Corporal or Leading Aircraftman of Aircraftman.

(c) ” Existing Pay Structure” in relation to a Non-Combatant (Enrolled) means the present system of pay band and grade pay as per the Sixth Central Pay Commission applicable to the rank held by him (including under Modified Assured Career Progression) as on the date immediately before the coming into force of these rules, in substantive capacity:

(d)“Existing Military Service Pay” in relation to a Non-Combatant (Enrolled) means the amount of Military Service Pay applicable to the rank held by him as on date immediately before coming into force of these rules:

(e) “Existing Emoluments” mean the sum of (i) existing basic pay; (ii) existing Military Service Pay; and, (iii) existing dearness allowance at the index average as on 1st day of January, 2016;

(f) “Pay Matrix” means the Matrix specified in Part A of the Schedule , with levels of pay arranged in vertical cells as as-singed to corresponding Pay Band and Grade Pay;

In any kind of calculation which attempts to work with the maximum pay of a particular level the last figure of the level shall not be calculated and the end-points of the level, representing the possible highest and lowest pay in that level may not be treated as the maximum and minimum of any closed pay scale, as used to prevail prior to the implementation of the 6th CPC.

(g) “Level” in the pay matrix, means the level corresponding to the existing pay band of Rs. 5200-20200 and grade pay specified in the Part A of the Schedule;

(h) “Pay in the Level” means the pay drawn in the appropriate cell of the level as specified in Part A of the Schedule;

(i) “Military Service Pay” in relation to a Non-Combatant (Enrolled) means the military service pay applicable to the rank held by him on drawl of pay in the prescribed level in the pay matrix;

(j) “Revised pay Structure” in relating to a rank means the pay matrix and the levels specified therein corresponding to the existing pay band and grade pay of the rank (including under Modified Assured Career Progression);

(k) “Basic Pay” in the revised pay drawn in the prescribed level in the pay matrix;

(l) “Revised Emoluments” means the sum of (i) basic pay; and (ii) military service pay; and

(m) “schedule” means a schedule appended to these rules.

4. Drawal of pay:- (1) Save as otherwise provided in these rules, a Non-Combatant (Enrolled) shall draw pay in the level in the revised pay structure applicable to the rank to which he is enrolled. (including under Modified Assured Career Progression);

Provided that a Non-Combatant (Enrolled) may elect to continue to draw pay in the existing pay structure, until the date on which he earns his next or any subsequent increment in the existing pay structure , or until he ceases to hold his rank or ceases to draw pay in the existing pay structure;

Provided further that in case a Non-Combatant (Enrolled) has been placed in a higher grade pay between 1st day of January 2016 and the date of notification of these rules on account of upgradation, he may elect to switch over to the revised pay structure from the date of such upgradation.

Explanation:- (i) For the purpose of this rule the option to retain the existing pay structure under the provisions of this rule shall be admissible only in respect of one existing pay band and grade pay.

(ii) The aforesaid option will not be admissible to any Non-Combatants (Enrolled) appointed to a post on or after the 1st day of January, 2016 and he shall be allowed pay only in the revised pay structure.

(2) (i) Military Service Pay is a compensation for the Various intangible aspects linked to the special conditions of service in Air Force.

(ii) Military Service Pay shall be admissible on drawl of pay in the prescribed level in the pay matrix, at the rate of Rs 3600.

(iii) Military Service Pay shall be counted as pay for the purpose of computation of dearness allowance and pension.

5. Exercise of option:- (1) the option under the provisions to rule 4 shall be exercised in writing in the form appended to these rules so as to reach the Air Force Central Account Office New Delphinium one hundred and eighty days of the date of notification of these rules, or where revision in the existing pay structure is made by any order subsequent to the date of notification of theses rules, within one hundred and eighty days of the date of such order:

Provided that:

(i) In the case of a Non-Combatant (Enrolled) who is, on the date of such notification or, as the case may be , date of such order, out of India on leave or deputation or active service, the said option shall be exercised in writing so as to reach the Air Force Central Account Office New Delhi within one hundred and eighty days of the date of his taking change of his post in India; and,

(ii) Where a Non-Combatant (Enrolled) is under suspension on the 1st day of January, 2016 the option may be exercised within one hundred and eighty days of the date of his return to his duty, if that date of his return to his duty, if that date is later than the date prescribed in this sub-rule.

(2) The option , along with an undertaking appended to these rules, shall be intimated by a Non-Combatant (Enrolled) to the Air Force Central Account Office, New Delhi.

(3) If the intimation regarding option is not received by the Air Force Central Account Office New Delhi within one hundred and eighty days of the date of notification of these rules, the Non-Combatants (Enrolled) shall be deemed to have elected to be governed by the revised pay structure with effect from the 1st day of January, 2016.

(4) The option once exercised shall bee final.

Note 1: Non-Combatants (Enrolled) whose services were terminated on or after the 1st day of January, 2016 and who could not exercise the option within the prescribed time limit, on account of discharge on the expiry of the sanctioned strength, release, resignation , dismissal or discharge on disciplinary grounds , are entitled to exercise option under sub-rule (1)

Note 2: Non-Combatants (Enrolled) who have died on or after the 1st day of January, 2016 and could not exercise the option within the prescribed time limit, are deemed to have opted for the revised pay structure on and from the 1st day of January, 2016 or such later date as is most beneficial to their dependents, if the revised pay structure is more favorable and in such cases, necessary action for payment of arrears shall be taken by the Air Force Central Account Office or Air Force Record Office or Directorate or Air Veterans New Delhi.

Note 3: Non-Combatants (Enrolled) who were on Annual Leave or any other leave on the 1st day of January. 2016, which entitled them to leave salary, shall be entitled to exercise option under Sub-rule (1)

6. Fixation of pay in the revised pay structure:-

(1) The pay of a Non-Combatant (Enrolled) who elects, or is deemed to have elected under rule 5 to be governed by the revised pay structure on and from the 1st day of January, 2016, shall, unless in case the President by special order otherwise directs, be fixed in the following manner;

(i) The pay in the applicable level in the pay matrix shall be the pay obtained by multiplying the existing basic pay by a factor of 2.57, rounded off to the nearest rupee, and the figure so arrived at shall be located in that level in the pay matrix, and if such an identical figure corresponds to any cell in the applicable level of the pay matrix, the same shall be the pay, and if no such sell is available in the applicable level, the pay shall be fixed at the immediate next higher cell in that applicable level of the pay matrix.

(ii) If the minimum pay or the first cell in the applicable level is more than the amount arrived at as per clause (i), the pay shall be fixed at the minimum pay or the first cell of that applicable level.

* Please see the illustration under rule 7(1)(ii) of Air Force Pay Rules 2017 in respect of Warrant Officer or Sergeant or Corporal or Leading Aircraftsman or Aircraftsman.

(2) A Non-Combatant (Enrolled) who is on leave on the 1st day of January, 2016 and is entitled to pay in the revised pay structure from the 1st day of January,2016, or the date of option for the revised pay structure.

(3) A Non-Combatant (Enrolled) under suspension shall continue to draw subsistence allowance based on existing pay structure, and his pay in the revised pay structure shall be subject to the final order on the pending disciplinary proceedings.

(4) where the existing emoluments the revised emoluments in the case of any Non- Combatants (Enrolled), the difference shall be allowed as Personal pay to be absorbed in future increase in pay.

(5) Where in the fixation of pay in the Pay Matrix under rule 6, the pay in the pay Matrix of a Non-Combatant (Enrolled), Who, in the existing pay structure was drawing immediately before the 1st day of January, 2016 more pay in the pay band than another Non-Combatants (Enrolled) in the same arm or service, gets fixed in the revised pay structure at a stage lower than that of such junior, his pay in the pay matrix shall be stepped up to the same cell in the revised pay structure as that of the junior.

(6) Where a Non-Combatant (enrolled) is in receipt of personal pay immediately before the date of notification of these rules, which together with his existing emoluments exceed the revised emoluments, then the difference representing such exceed shall be allowed to such be allowed to such a Non-Combatant (Enrolled) as Personal Pay, to be absorbed in future increase in pay.

7. Regulation of pay: On enrollment on or after 1st day of January, 2016 , Non-Combatants (Enrolled) shall draw pay in the 1st cell of the level 1 in the pay matrix.

8. Regulation of Increments in the pay matrix:- The increment shall be as specified in the vertical Cells of the applicable level in the pay matrix.

An Official in the basic pay of Rs.20,900/- in level 1
will move vertically down the Cells in the same level and on grant of
increment, his basic pay will be Rs.21,500

Pay
Band

5200-20200

Grade
Pay

1800

Level

1

1

18000

2

18500

3

19100

4

19700

5

20300

6

20900

↓

7

21500

8

22100

9. Date of increment in revised pay structure:-

(1)There shall be two dates for grant of annual increment namely,1st January and 1st July of every Year, instead of existing date of 1st July, provided that a Non-Combatant (Enrolled) shall be entitled to only one annual increment, either on 1st January or 1st July depending on the date of his appointment or upgradation, or enrollment, as the case may be.

(2) The increment in respect of Non-Combatants (Enrolled) appointed or upgraded or enrolled during the period between the 2nd day of January and 1st day of July (both exclusive) shall be granted on the 1st day of January and the increment in respect of Non-Combatants (Enrolled) appointed or upgraded or enrolled during the period between the 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July:

Provided that in case of Non-Combatants (Enrolled) whose pay in the revised pay structure has been fixed as on 1st day of January, the next increment in the level in which the pay was so fixed as on 1st day of January, 2016 shall accrue on 1st day of July, 2016:

Provided further that the next increment after drawl of increment on 1st day of July 2016 shall accrue on the 1st day of July 2017.

10. Revision of pay from a date subsequent to the 1st day of January 2016:-
Where a Non-Combatant (Enrolled) who continues to draw his pay in the existing pay structure is brought over to the revised pay structure from a date later than the 1st day of January, 2016, his pay from the later date in the revised pay structure shall be fixed in the manner prescribed in accordance with rule 6.

11. Fixation of pay on upgradation on or after 1st day of January, 2016:- For the fixation of pay in case of upgradation from one level to another in the revised pay structure one increment shall be placed at a Cell equal to the figure so arrived at in the level of the rank to which upgraded, and if no such Cell is available in the level to which upgraded, he shall be placed at the next higher Cell in that level.

Note:- Please refer to the relevant rules or clauses of the Air Force Pay Rules, 2017 in respect of Warrant Officers or Sergeants or Corporals or Leading Aircraftman or Aircraftman in case of any clarification.

12. Mode of Payment of Arrears of Pay:- (1) The arrears, computed after deduction of subscription at enhanced rate of Air Force Provident Fund with reference to revised pay, shall be paid deputation of ad-hoc arrears a paid as per GOl MoD letter No 1(11) 2016/D(Pay/Services) dated 10/10/2016.

Explanation:- For the purpose of this rule, ” arrears of pay” in relation to Non-Combatants (Enrolled), means the difference between:

(i) the aggregate of the pay, dearness allowance and Military Service Pay to which he his entitled on account of the revision of his pay under these rules for the period effective from the 1st day of January, 2016; and,

(ii) the aggregate of the pay, dearness allowance and Military Service Pay to which he would have been entitled (whether such pay and dearness allowance had been received or not) for that period had his pay and dearness allowance not been so revised.

13. Overriding effect of rules:- The provisions of the Pay and Allowances Regulations for the Indian Air Force 1995, as amended from time to time, and existing instructions and regulations shall not save as otherwise provided under these Rules, apply to cases where pay is regulated under these Rules, to the extent they are inconsistent with these rules. These Rules shall supersede Special Air Force Instructions 1/S/2008 except as respects things done or omitted to be done before such super session.

14. Power to relax:- Where the President is satisfied that the operation of all or any of the provisions of these rules causes undue hardship if any particular case, he may by order, dispense with or relax the requirements of that provision to such extent and subject to such conditions as he may consider necessary for dealing with the case in a just and equitable manner.

15. Interpretation:- If any question arises relating to the interpretation of any of the provisions of the rules contained in this contained in this rule, it shall be referred to the Central Government for decision.

Explanatory Memorandum:- The Seventh Central Pay Commission has been implemented with effect from the 1st day of January, 2016. Likewise, the Defence Personnel of the Union of India are eligible for Seventh Central Pay Revision with effect from the 1st day of January, 2016, Accordingly, these Rules have been given retrospective effect with effect from the 1st day of January, 2016. It is hereby, certified that by giving retrospective to these rules no one will be adversely affected.